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Tag Archives: Negligence

U.S. immune from suit over slip-and-fall at commissary (access required)

Where custodial functions at the Fort Eustis commissary were performed by an independent contractor, and the government had the discretion to retain that contractor, the government had immunity against a suit where the plaintiff alleged injuries as a result of ...

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Workers’ comp exclusivity applies to volunteer (access required)

Where a woman was injured while volunteering as a bartender, her negligence suit was preempted by the exclusivity provision of the Virginia Workers’ Compensation Act because her work was sufficiently controlled by the “employer.” Background On or about April 17, ...

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Conductor’s accident occurred while railcar was ‘in use’ (access required)

Although a railcar was not being operated at the time a Norfolk Southern Railroad Company conductor fell off a culvert, the train was “in use” because it was on the mainline, the conductor was performing final tasks before the train’s ...

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Alleged error in jury instruction was harmless (access required)

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

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No evidence that store had ‘constructive notice’ of puddle (access required)

A woman who slipped on a puddle of water in Target’s Gainesville store failed to show the store had “constructive notice” of the puddle. Her speculation about the source of the puddle was insufficient at summary judgment and her conduct ...

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Conduct of jail’s health care provider belies indifference (access required)

Where a health care provider at the Hampton Roads Regional Jail provided medical treatment to the inmate, its conduct contradicted the inmate’s claims of deliberate indifference to his foot wound. In addition, because there was no underlying constitutional violation, there ...

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